Grupo 901 y 902 participantes del proyecto memorizarte 2015

3.1 Incapacitated employee – An employee with an injury or illness that results in their being unable to perform the inherent requirements of their substantive role, as determined by a medical practitioner.

3.2 Voluntary Medical Separation – The separation of an incapacitated employee from Council based on the employee's acceptance of Council's offer.

3.3 Voluntary Separation package – The monetary package provided to employees who leave Council through a separation option.

4. Procedure requirements 4.1 Retraining and placement

4.1.1 Participation in the placement program (retraining and placement) can only occur after a medical determination by a Council doctor that the employee’s condition is stable and stationary, and the employee meets the eligibility criteria listed above.

4.1.2 Participation in retraining and placement is mandatory.

4.1.3 Where an employee commits to retraining and placement, the relevant manager will ensure the following steps will occur within two weeks.

(i) Identification of role types and areas of Council where relevant roles are, or will be performed, including any reasonable adjustment considerations.

(ii) Identification of competencies and performance standards to be acquired to support placement. (iii) Development of a training/development plan to achieve the required competencies.

4.1.4 Where possible, Council places employees referred to the program in line with that individual's preferred outcome (e.g. similar vocational area, remuneration at a similar level, located in reasonable geographic proximity to previous role, similar status and conditions as previous role). Retraining and placement will generally be directed at roles within the same employment group (i.e. City Service, Trade Service, Passenger

Service, Salaried Staff), however there can be no commitment or expectation that a suitable role will be available and acceptable in all cases.

4.1.5 Employees may be placed in suitable roles anywhere within the organisation, across all divisions. Placement must occur in consultation with the employee to determine the suitability of the role, however employees cannot refuse a suitable role. If there is an issue with what is deemed ‘suitable’, the Dispute Resolution procedure applies.

4.1.6 If a permanent or temporary placement is not available, the employee on the placement program must attend work in their home division and undertake duties as directed within their level of skill and/or physical capacity until a placement is sourced. This should be located within reasonable proximity to the employee’s substantive work location. An employee’s income will be maintained during this time.

4.1.7 Where an employee on the placement program has the identified competencies and can meet the performance standards of the role, and is demonstrating the commitment to work in these types of roles, Council will attempt to place the employee directly into the role, subject to 4.1.10. This assessment and appointment must take place prior to advertising. (Note: an employee on the placement program may still be directly appointed to an advertised role.)

4.1.8 Subject to the provisions in 4.1.7, a manager may also directly appoint an employee on the placement program if it is their view that the employee will be able to attain the identified competencies and will meet the performance standards of the role with appropriate training and support, for a trial period of up to six months (employee is appointed on a temporary basis). Where an employee is placed on a trial basis, there should be genuine potential for the employee to be permanently placed in that role, subject to satisfactory performance. If after six months or such lesser time as may be determined, the manager determines the employee will not attain the identified competencies and performance standards of the role, the employee returns to the placement program. If the employee attains the competencies and performance standards after the trial period, they are permanently appointed to the role.

4.1.9 These provisions do not prevent the use of the transfer at level process outlined in the Recruitment and Selection procedure.

4.1.10 Employees who are being considered for placement in higher classified roles than their substantive classification are subject to the requirements of the Recruitment and Selection procedure. An employee on the placement program cannot be directly appointed to a higher classified permanent role or higher classified temporary vacancy of more than six months duration.

4.1.11 Employees on the placement program cannot be considered for roles within quarantined processes of organisation design.

4.1.12 Employees on the placement program have the option to seek either full-time or part-time roles.

4.1.13 Standard performance management procedures and processes including Planning for Performance (PfP) apply to employees on the placement program.

4.2 Placement within six months

4.2.1 The placement timeframe is six months from the date of referral to the program (date on delegation).

4.2.2 An employee can be permanently placed in a suitable role at a lower level (with income maintenance) during the six-month placement program. If this occurs, the employee may choose to continue to be considered for placement in permanent roles at their substantive level until the six-month timeframe has expired.

4.2.3 The placement timeframe of six months will not be extended under any circumstances. If an employee is undertaking a temporary placement at the time the six months has expired, a review regarding options in accordance with this procedure must still occur. If a Voluntary Medical Separation is offered and accepted, the date of separation may be negotiated to take into account the temporary placement i.e. the employee separates from the organisation after the temporary appointment has been completed. Likewise, if the employee is to be placed in any suitable role this can occur after the temporary placement has been completed.

4.2.4 If during the period of retraining and placement an employee does not accept an offer of suitable alternative duties/role, Council will consider disciplinary action and discuss options with the employee in accordance with this procedure, including cessation of employment.

4.2.5 If an employee is not placed within six months, the employee may be placed in any suitable role, subject to the existing provisions for income maintenance. Note: income maintenance commences on the date the employee is referred to the placement program.

4.2.6 At any time while an employee is on the placement program (due to a medical condition), Council at its sole discretion may make an offer of Voluntary Medical Separation in accordance with the Voluntary Medical Separation procedure. (See the Voluntary Medical Separation procedure for more details.)

4.3 Remuneration and income maintenance

4.3.1 Income maintenance occurs when an employee has their salary or wage maintained while they are seeking placement on the placement program, or where the employee is placed in a role where they would receive less remuneration than they would have been entitled to in their previous substantive role.

4.3.2 Income maintenance will be determined on the basis of the level of their previous substantive role or rate of pay inclusive of all permanent allowances and permanent loadings. Permanent allowances/loadings have been defined as:

(i) Leading Hand if it is a permanent appointment

(ii) All purpose operational or site allowance if the employee was permanently on site prior to placement program participation

(iii) Over-award payments that the employee would have received had they continued in their substantive role (iv) Flexibility Allowance for Local Laws Officers as this is partially a skills-based allowance.

4.3.3 When an employee is in receipt of income maintenance, they are entitled to EBA pay increases and other EBA payments. However, an employee is not entitled to progression for their substantive role.

4.3.4 During the period of income maintenance, the employee’s substantive rate of pay applies in determining overtime payments and any other payments linked to the substantive pay rate.

4.3.5 The employee’s income will be maintained for a fixed maximum period of 24 months from the date of referral to the placement program. Income maintenance will not exceed 24 months from the date of referral to the placement program and cannot be extended in any circumstance irrespective of the employee being placed in a temporary or permanent role.

4.3.6 After an employee has received income maintenance for 24 months, their pay rate is frozen (they are not entitled to EBA payments or progression) and the difference between their substantive rate of pay and the rate of pay of their lower classified role is bridged by a supplementary allowance.

4.3.7 The supplementary allowance is gradually reduced by subsequent wage or salary increases applicable to the employee's new role, until fully absorbed.

4.4 What costs are met by the home division and receiving division?

4.4.1 The employee's home division (where the employee’s substantive role is located) is responsible for costs of salary/wages while the employee is not placed.

4.4.2 The employee’s home division is responsible for the cost of career counselling and retraining. These costs will be capped at $2500 per employee. Expenditure beyond this amount will be at the division’s discretion.

4.4.3 When an employee is temporarily or permanently placed into a role of lower pay classification, the receiving division pays the actual rate for that lower classified role while the employee’s home division pays the difference (income maintenance). Note: salaried employees who are temporarily or permanently placed in a lower classified role must be appointed at the highest pay-point in the lower banded role.

4.4.4 In the instance that an employee is entitled to a supplementary allowance (after 24 months of income maintenance) the home division is responsible for its payment. The supplementary allowance is gradually reduced by subsequent wage or salary increases applicable to the employee's new role, until fully absorbed. 4.4.5 When the employee is temporarily or permanently placed in an equivalent or higher classified role, the receiving

division pays the entire salary/wage.

4.4.6 In the case of overtime, the receiving division is responsible for all overtime payments. 4.4.7 Costs of Voluntary Medical Separation, if offered, are met by the home division.

4.5 Roles and responsibilities

4.5.1 Employees eligible for the placement program must:

(i) sign a retraining and placement agreement committing to participate in training, applying for appropriate roles and not refusing suitable alternative employment

(ii) take advantage of every reasonable opportunity to upgrade their skills and actively participate in the program

(iii) be prepared to physically relocate their place of employment (iv) undertake on-the-job learning.

4.5.2 The employee will have access to the following during the program timeframe.

(i) Employee Assistance Program (EAP), to help the employee deal with the personal and practical issues related to work changes.

(ii) Career and lifestyle counselling to enable the employee to make judgements about future career aspirations. (iii) Retraining to help achieve a chosen career path, including the completion of a skills audit and the

development of a training plan.

(iv) Job search assistance to allow the employee every opportunity to secure new roles. This assistance applies equally to internal and external employment or business opportunities.

4.5.3 Managers are responsible for:

(i) completion of the delegation to refer the employee to the placement program (once the employee has elected to participate)

(ii) the appointment of a case manager

(iii) promoting Council's commitment to the program

(iv) providing employees with the necessary resources, support and training including the identification of suitable training programs to enable them to make employment transitions, including any reasonable adjustment considerations

(v) ensuring the employee has access to the necessary resources for achieving the objectives of the placement strategy, e.g. provide on-the-job learning, job search assistance, access to the Employee Assistance Program

(vi) ensuring the employee has continuing placement for the six-month period and not unreasonably withhold opportunities for placement

(vii)conducting PfP and managing performance and attendance with employees in their division

(viii)ensuring that all associated personnel administrative tasks are attended to, e.g. appropriate delegations completed, correct income maintenance payments

(ix) providing relevant stakeholders with data and information about vacancies and employees requiring placement, and placed employees in their branch

(x) appointing suitable employees on the placement program to vacancies in their division without advertising the role

(xi) directly appointing people in the placement program into their work area (xii)placing the employee in any suitable role after the six-month period. 4.5.4 The case manager is responsible for:

(i) maintaining contact with relevant branch manager, team leader, divisional human resources manager and union in establishing and coordinating a placement strategy for the employee

(i) maintaining regular contact with the employee during their participation in the placement program to monitor progress

(i) ensuring that a PfP is undertaken at the beginning of each temporary placement and ensuring that a review of the employee’s performance is undertaken at the completion of the placement

(i) managing the day to day training and placement of the employee and ensuring the manager is kept informed

(i) liaising with the manager to ensure the employee has access to appropriate support and resources. 4.5.5 The Placement Program Coordinator is responsible for coordinating and monitoring the program by:

(i) establishing and maintaining a process through which each division has complete and relevant information about vacancies, temporary placements and employees requiring placement in all divisions

(ii) reviewing the Council Employment Opportunities List prior to its publication and ensuring that relevant vacancies are referred to case managers for consideration

(iii) continually reviewing the program to enhance its effectiveness and provide the appropriate education and training for staff involved

(iv) providing a monthly report on the status of program participants to the Executive Management Team and to other members of the Joint Consultative Committee

(v) maintaining a careers information database of both internal and external information for use by employees (vi) maintaining a panel of trained and accredited career counsellors to which divisions can refer employees. 4.6 Refusal to participate, refusal of suitable role, no placement within six months

4.6.1 The manager may consider disciplinary action if:

(i) no Voluntary Medical Separation offer is made, and the employee refuses to participate in the placement program; or

(ii) the employee refuses to participate in the placement program; or

(iii) the employee does not comply with reasonable requirements for retraining, temporary placement or placement in a suitable role after six months.

4.6.2 Where an employee in the placement program refuses a suitable role, the manager will discuss options in accordance with this procedure, including cessation of employment. The manager of the employee’s home division, following consultation with the employee and the employee’s union and having regard for all the circumstances, may terminate the provision of income maintenance to the employee and commence performance counselling.

4.6.3 If an employee is not placed within six months, the employee may be placed in any suitable role, subject to the existing provisions for income maintenance.

4.6.4 At any time on the placement program an employee may request a Voluntary Medical Separation, however an offer of separation is at the sole discretion of Council.

4.7 Voluntary Medical Separation

Council has sole discretion in offering a Voluntary Medical Separation at any time throughout the retraining and placement prcess. Any offer of Voluntary Medical Separation will be in accordance with the Voluntary Medical Separation procedure.

SCHEDULE 7: Redundancy and separation procedures